Administrative Decisions (Judicial Review) Act 1977

SECTION 13   REASONS FOR DECISION MAY BE OBTAINED  

13(1)    

Where a person makes a decision to which this section applies, any person who is entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under section 5 in relation to the decision may, by notice in writing given to the person who made the decision, request him or her to furnish a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

13(2)    
Where such a request is made, the person who made the decision shall, subject to this section, as soon as practicable, and in any event within 28 days, after receiving the request, prepare the statement and furnish it to the person who made the request.

13(3)    
Where a person to whom a request is made under subsection (1) is of the opinion that the person who made the request was not entitled to make the request, the first-mentioned person may, within 28 days after receiving the request:

(a)    give to the second-mentioned person notice in writing of his or her opinion; or

(b)    

apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (4A) for an order declaring that the person who made the request was not entitled to make the request.

13(4)    

Where a person gives a notice under subsection (3) , or applies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (4A) , with respect to a request, the person is not required to comply with the request unless:

(a)    

the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), on an application under subsection (4A) , declares that the person who made the request was entitled to make the request; or

(b)    

the person who gave the notice under subsection (3) has applied to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (4A) for an order declaring that the person who made the request was not entitled to make the request and the court refuses that application;

and, in either of those cases, the person who gave the notice shall prepare the statement to which the request relates and furnish it to the person who made the request within 28 days after the decision of the court.

13(4A)    

The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of:

(a)    a person to whom a request is made under subsection (1) ; or

(b)    a person who has received a notice under subsection (3) ;

make an order declaring that the person who made the request concerned was, or was not, entitled to make the request.

13(5)    
A person to whom a request for a statement in relation to a decision is made under subsection (1) may refuse to prepare and furnish the statement if:

(a)    in the case of a decision the terms of which were recorded in writing and set out in a document that was furnished to the person who made the request - the request was not made on or before the twenty-eighth day after the day on which that document was so furnished; or

(b)    in any other case - the request was not made within a reasonable time after the decision was made;

and in any such case the person to whom the request was made shall give to the person who made the request, within 14 days after receiving the request, notice in writing stating that the statement will not be furnished to him or her and giving the reason why the statement will not be so furnished.

13(6)    

For the purposes of paragraph (5)(b) , a request for a statement in relation to a decision shall be deemed to have been made within a reasonable time after the decision was made if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), on application by the person who made the request, declares that the request was made within a reasonable time after the decision was made.

13(7)    

If the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), upon application for an order under this subsection made to it by a person to whom a statement has been furnished in pursuance of a request under subsection (1) , considers that the statement does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the court may order the person who furnished the statement to furnish to the person who made the request for the statement, within such time as is specified in the order, an additional statement or additional statements containing further and better particulars in relation to matters specified in the order with respect to those findings, that evidence or other material or those reasons.

13(8)    
The regulations may declare a class or classes of decisions to be decisions that are not decisions to which this section applies.

13(9)    
Regulations made under subsection (8) may specify a class of decisions in any way, whether by reference to the nature or subject matter of the decisions, by reference to the enactment or provision of an enactment under which they are made, by reference to the holder of the office by whom they are made, or otherwise.

13(10)    
A regulation made under subsection (8) applies only in relation to decisions made after the regulation takes effect.

13(10A)    
(Repealed by No 157 of 2001)

13(11)    
In this section, decision to which this section applies means a decision that is a decision to which this Act applies, but does not include:

(a)    

a decision in relation to which section 268 of the Administrative Review Tribunal Act 2024 applies;

(b)    a decision that includes, or is accompanied by a statement setting out, findings of facts, a reference to the evidence or other material on which those findings were based and the reasons for the decision; or

(c)    a decision included in any of the classes of decision set out in Schedule 2 .